The URL can be used to link to this page

Home My WebLink About10-7555 t'9 ra,? ?.`9 FARLESUients\14144 Burik\14144 Lpet appW2 O R. Christopher Vanlandingham, Esquire r-n I.D. No. 307424 x" MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -cm MARTSON LAW OFFICES ....' C c-, 2 „z .,z 10 East High Street = c' C: C.0 "D -" Carlisle, PA 17013 : ` (717) 243-3341 Attorneys for Petitioner JOHN A. BURIK IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent :NO. 2010- -755-5 CIVIL TERM APPEAL FROM INURANCE SUSPENSION PETITION FOR APPEAL Petitioner, John A. Burik, by his attorneys, Martson Deardorff Williams Otto Gilroy & Faller, set forth the following: 1 Petitioner is John A. Burik, an adult individuals residing at 23 Spring Drive, Shippensburg, PA 17257 2 On November 7, 2010, the Pennsylvania Department of Transportation suspended Petitioner's vehicle registration for a period of three months effective December 12, 2010. A copy of the Official Notice of suspension is attached hereto and incorporated herein as Exhibit "A". 3 The Order suspending Petitioner's registration as set forth on Exhibit "A" is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4 Petitioner seeks a de novo Hearing to determine whether the registration suspension is appropriate. ?a6? 1` ?y1 ,?as? WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. Respectfully submitted, MARTSON LAW FFI S By: R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 7/ ;z 0 l? Attorneys for Petitioner EXHIBIT "A" COMMONWEAL.TII OF PENNSYLVANIA DEPARTMENT OF 'UZANSPORTA7'ION BUREAU OF MOTOR VEHICLES PO BOX ti8674 HARRISBURG, i--# 17106-8674 r www.dmv.st:,?'e.pa.us WID# 1030,,99011180 001 TITLE# 53017354 PROCESSING DATE 101031 TRANSACTI00 CODE 00060 JOHN A BURIK 23 SPRING DR SHIPPENSBURG, PA 17257 OFFICIAI. NOTICE ,NAIL. DA'I'S: 11/07/10 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: CHEVROLET YEAR: 1998 BODY TYPE: SEDAN LICENSEPLATE#: WR17324 TITLE: 53017354 VIN#: 2CIMR5226W6705353 This information was requested because CUMBERLAND MUTUAL. FIRE INS CO notified us that the insurance policy covering the vehicle listed above was terminated on 09112/ 10. Either no response was received or the information you provided was not acceptable. As a result, the registration for the vehicle listed above will be suspended for three months effective 12/12/10 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to the Department immediately. Credit toward serving this suspension will not begin until the Department receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department ourransportation. DO NOT SEND CASII. Within 30 days of your eligibility date for restoration, you will also be required to show proof of insurance for this vehicle. We have enclosed a self-addressed envelope for your use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. When the Department receives your registration products, we will send you a letter within 3 weeks confirming that they were received. If, after 3 weeks of mailing your registration plate, sticker and card to the Department you do not receive a letter stating your registration products were received, please contact us immediately. You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thirty(30) days of the mail date of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for the appeal to be valid, you must send this time stamped certified copy of the appeal by certified mail to: Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Appeal was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street-3rd Floor Harrisburg, PA 17104-2516 MARTSON LAW OFFICES _ By: 1?? s' lv?? Ami J. Th a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: J ? I ? I +o .. JOHN A. BURIK Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent DEC0820t0 s : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2010- t755_5 CIVIL TERM APPEAL FROM INSURANCE SUSPENSION ORDER AND NOW this Or" day of 7 20 tD , it is hereby ordered that a hearing is scheduled for the i ( day of L?4 - 20 11 at 36 am/pm in Courtroom S for the above appeal. BY THE COURT J. - rn r*-, -ojr ,.? w r ? w - c Z O s? ... n o C,) O -- rn 4 O U1 70 tis /ric`2 t ?ro??a r 7 R. Christopher Vanlandingham, Esquire I.D. No. 307424 EB -$ PM MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAtME) AD COUNTY MARTSON LAW OFFICES cuMBER1 10 East High Street mosyV ASIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner F:\FILES\Clients\14144 Bork 14144. 1. mot I JOHN A. BURIK Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2010- 7555 CIVIL TERM APPEAL FROM INSURANCE SUSPENSION MOTION FOR CONTINUANCE AND NOW COMES Petitioner John A. Burik by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and moves as follows: 1. On November 7, 2010, the Pennsylvania Department of Transportation suspended Petitioner's vehicle registration for a period of three months effective December 12, 2010. 2. Petitioner filed a Petition for Appeal with this Court on December 7, 2010. 3. A hearing was ordered for February 11, 2011 at 1:30 p.m. before the Honorable Albert H. Masland. 4. Petitioner now moves to continue the hearing for thirty (30) days. 5. The Pennsylvania Department of Transportation concurs with the motion. WHEREFORE, Petitioner John A. Burik respectfully requests this Honorable Court grant his Motion for Continuance and continue the hearing for thirty (30) days. Respectfully submitted, MARTSON L / FFICES By: A(,,V R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: a / Y PO// Attorneys for Petitioners . + r R. Christopher Vanlandingham, Esquire z--0 ar, a?-- I.D. No. 307424 '- C-i MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER z MARTSON LAW OFFICES a ? imp -n 10 East High Street -a ? ri Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner JOHN A. BURIK IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANI A VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent :NO. 2010- 7555 CIVIL TERM APPEAL FROM INSURANCE SUSPENSION ORDER G4 da ofj 2011, it is hereby ordered that the hearing in the above appeal scheduled for February 11, 2011 is hereby continued. The hearing is now scheduled for the day of QP 2011, at V 30 am/pm in Courtroom ?_. BY COU T J. VanLar6iAgbarn "' 00ples s V 1 . F-Thents\14144 Burik\14144.pra withdraw.wpd R. Christopher VanLandingham, Esquire -n I.D. No. 307424 rnrn -Z S. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Z: ? MARTSON LAW OFFICES 10 East High Street <a 0- Carlisle, PA 17013 n (717) 243-3341 >C: .,? Cj Attorneys for Petitioner < C JOHN A. BURIK IN THE COURT OF COMMON PLEA S Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : NO. 2010- 7555 CIVIL TERM APPEAL FROM INURANCE SUSPENSION PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Please withdraw Petitioner John Burik's appeal in the above captioned matter. MARTSON LAW OFFICE I By: R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner Date: 7-Act- ( 1 # ? r CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Paecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street-3rd Floor Harrisburg, PA 17104-2516 MARTSON LAW OFFICES By: Ami a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3i°Q l 11